From 1 July 2019 OVIC commenced publishing de-identified FOI review decisions made by the Information Commissioner and the Public Access Information Commissioner (the Commissioners) under section 49P of the Freedom of Information Act 1982 (Vic) (FOI Act) on both OVIC’s website as below and on the Australasian Legal Information Institute (AustLII) website.
We publish a selection of all decisions made which show the breadth of reviews conducted by the Commissioners and provide insight into the Commissioner’s interpretation for the FOI Act. Please note, it is open to the relevant parties to appeal the decisions made by OVIC’s Commissioners and some of the decisions published may have been subsequently subject to review by the Victorian Civil and Administrative Tribunal or other relevant jurisdictions.
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‘CR9’ and Department of Treasury and Finance (Freedom of Information) [2021] VICmr 54 (19 February 2021)
FREEDOM OF INFORMATION – ministerial brief – Invest Victoria – agency engaged in trade or commerce
Decision information
Date of decision: 19 February 2021 Applicant: 'CR9' Agency: Department of Treasury and Finance (DTF) Citation: 'CR9' and Department of Treasury and Finance (Freedom of Information) [2021] VICmr 54 (19 February 2021) Headnote: FREEDOM OF INFORMATION – ministerial brief – Invest Victoria – agency engaged in trade or commerce Sections in the FOI Act: 34(1)(b), 34(4)(a)(ii) Download this file: CR9 and Department of Treasury and Finance Freedom of Information 2021 VICmr 54 19 February 2021 - PDF (246 KB) -
‘CR6’ and Department of Education and Training (Freedom of Information) [2021] VICmr 51 (18 February 2021)
FREEDOM OF INFORMATION – workplace matter – performance review – external review – access to report recommendations
Decision information
Date of decision: 18 February 2021 Applicant: 'CR6' Agency: Citation: ‘CR6’ and Department of Education and Training (Freedom of Information) [2021] VICmr 51 (18 February 2021) Headnote: FREEDOM OF INFORMATION – workplace matter – performance review – external review – access to report recommendations Sections in the FOI Act: 30, 33(1) Download this file: ‘CR6 and Department of Education and Training Freedom of Information 2021 VICmr 51 18 February 2021 - PDF (739 KB) -
‘CR3’ and Bairnsdale Regional Health Service (Freedom of Information) [2021] VICmr 48 (17 February 2021)
FREEDOM OF INFORMATION – internal email correspondence – email chains – legal professional privilege – dominant purpose – provision of legal advice – litigation – documents held by the Information Commissioner – section 6AA
Decision information
Date of decision: 17 February 2021 Applicant: 'CR3' Agency: Bairnsdale Regional Health Service Citation: CR3 and Bairnsdale Regional Health Service (Freedom of Information) [2021] VICmr 48 (17 February 2021) Headnote: FREEDOM OF INFORMATION – internal email correspondence – email chains – legal professional privilege – dominant purpose – provision of legal advice – litigation – documents held by the Information Commissioner - section 6AA Sections in the FOI Act: 32, 33(1) Download this file: CR3 and Bairnsdale Regional Health Service Freedom of Information 2021 VICmr 48 17 February 2021 - PDF (954 KB) -
‘CQ3’ and City of Greater Geelong (Freedom of Information) [2021] VICmr 39 (11 February 2021)
FREEDOM OF INFORMATION – internal emails – contrary to public interest to release – information provided in confidence – disclosure would impair agency’s ability to obtain similar information in the future
Decision information
Date of decision: 11 February 2021 Applicant: 'CQ3' Agency: Greater Geelong City Council Citation: ‘CQ3’ and City of Greater Geelong (Freedom of Information) [2021] VICmr 39 (11 February 2021) Headnote: FREEDOM OF INFORMATION – internal emails – contrary to public interest to release – information provided in confidence – disclosure would impair agency’s ability to obtain similar information in the future Sections in the FOI Act: 30, 35(1)(b) Download this file: ‘CQ3 and City of Greater Geelong Freedom of Information 2021 VICmr 39 11 February 2021 - PDF (841 KB) -
‘CQ5’ and Moorabool Shire Council (Freedom of Information) [2021] VICmr 41 (11 February 2021)
FREEDOM OF INFORMATION – fresh decision – residential building plans – floor plan – internal layout – copyright – personal affairs information of residential homeowner
Decision information
Date of decision: 11 February 2021 Applicant: 'CQ5' Agency: Moorabool Shire Council Citation: 'CQ5' and Moorabool Shire Council (Freedom of Information) [2021] VICmr 41 (11 February 2021) Headnote: FREEDOM OF INFORMATION – fresh decision – residential building plans – floor plan – internal layout – copyright – personal affairs information of residential homeowner Sections in the FOI Act: 33(1) Download this file: CQ5 and Moorabool Shire Council Freedom of Information 2021 VICmr 41 11 February 2021 - PDF (378 KB) -
‘CQ7’ and Victoria Police (Freedom of Information) [2021] VICmr 43 (11 February 2021)
FREEDOM OF INFORMATION – police records – evidence of criminal offending – in-house legal advice
Decision information
Date of decision: 11 February 2021 Applicant: 'CQ7' Agency: Victoria Police Citation: 'CQ7' and Victoria Police (Freedom of Information) [2021] VICmr 43 (11 February 2021) Headnote: FREEDOM OF INFORMATION – police records – evidence of criminal offending – in-house legal advice Sections in the FOI Act: 32 Download this file: CQ7 and Victoria Police Freedom of Information 2021 VICmr 43 11 February 2021 - PDF (242 KB) -
‘CQ1’ and Victoria Police (Freedom of Information) [2021] VICmr 37 (5 February 2021)
FREEDOM OF INFORMATION – police records – workplace relations – Professional Standards Command – disciplinary matter – workplace investigation – disciplinary brief – varied decision
Decision information
Date of decision: 5 February 2021 Applicant: 'CQ1' Agency: Victoria Police Citation: 'CQ1' and Victoria Police (Freedom of Information) [2021] VICmr 37 (5 February 2021) Headnote: FREEDOM OF INFORMATION – police records – workplace relations – Professional Standards Command – disciplinary matter – workplace investigation – disciplinary brief – varied decision Sections in the FOI Act: 30, 33(1) Download this file: CQ1 and Victoria Police Freedom of Information 2021 VICmr 37 5 February 2021 - PDF (506 KB) -
‘CQ2’ and Major Transport Infrastructure Authority (Freedom of Information) [2021] VICmr 38 (8 February 2021)
FREEDOM OF INFORMATION – ministerial brief – Major Road Projects Victoria – transport infrastructure – Monash Freeway Upgrade – options considered – internal working document – disclosure not contrary to the public interest
Decision information
Date of decision: 5 February 2021 Applicant: 'CQ2' Agency: Major Transport Infrastructure Authority Citation: ‘CQ2’ and Major Transport Infrastructure Authority (Freedom of Information) [2021] VICmr 38 (8 February 2021) Headnote: FREEDOM OF INFORMATION – ministerial brief – Major Road Projects Victoria – transport infrastructure – Monash Freeway Upgrade – options considered – internal working document – disclosure not contrary to the public interest Sections in the FOI Act: 30 Download this file: ‘CQ2 and Major Transport Infrastructure Authority Freedom of Information 2021 VICmr 38 8 February 2021 - PDF (377 KB) -
‘CP9’ and Murrindindi Shire Council (Freedom of Information) [2021] VICmr 36 (4 February 2021)
FREEDOM OF INFORMATION – council documents – planning amendment scheme – cemetery trust – community consultation – letters of support – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 4 February 2021 Applicant: 'CP9' Agency: Murrindindi Shire Council Citation: ‘CP9’ and Murrindindi Shire Council (Freedom of Information) [2021] VICmr 36 (4 February 2021) Headnote: FREEDOM OF INFORMATION – council documents – planning amendment scheme – cemetery trust – community consultation – letters of support – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: ‘CP9 and Murrindindi Shire Council Freedom of Information 2021 VICmr 36 4 February 2021 - PDF (360 KB) -
‘CP7’ and University of Melbourne (Freedom of Information) [2021] VICmr 34 (3 February 2021)
FREEDOM OF INFORMATION – university – Vice-Chancellor Report to Council – legal advice – not a document to which section 8 of the FOI Act applies
Decision information
Date of decision: 3 February 2021 Applicant: 'CP7' Agency: University of Melbourne Citation: 'CP7' and University of Melbourne (Freedom of Information) [2021] VICmr 34 (3 February 2021) Headnote: FREEDOM OF INFORMATION – university – Vice-Chancellor Report to Council – legal advice – not a document to which section 8 of the FOI Act applies Sections in the FOI Act: 32 Download this file: CP7 and University of Melbourne Freedom of Information 2021 VICmr 34 3 February 2021 - PDF (237 KB)